MAIOLO v. BRP US INC.
| MICHAEL MAIOLO |
| BRP US INC. |
| 2:2022cv01770 |
| December 8, 2022 |
| US District Court for the Western District of Pennsylvania |
| W Scott Hardy |
| Arthur J Schwab |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 REPLY BRIEF re #16 Motion to Dismiss for Failure to State a Claim, Motion to Strike, #17 Brief in Support of Motion filed by BRP US INC. (Trischler, Clem) |
Filing 20
ORDER granting #19 Consent Motion to Extend BRP's Deadline to Reply. Defendant shall file its Reply on or before 7/17/2023. Signed by Judge W. Scott Hardy on 7/7/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas)
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| Filing 19 Consent MOTION for Extension of Time to File Response/Reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #13 Amended Complaint MOTION to Strike, #17 Brief in Support of Motion by BRP US INC.. (Attachments: #1 Proposed Order) (Trischler, Clem) |
| Filing 18 BRIEF in Opposition re #16 Motion to Dismiss for Failure to State a Claim, Motion to Strike filed by MICHAEL MAIOLO. (Attachments: #1 Declaration Declaration of Michael Maiolo) (Sheehan, Spencer) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #16 Motion to Dismiss for Failure to State a Claim. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Strike. This message is for informational purposes only. (dmh) |
| Filing 17 BRIEF in Support re #16 Motion to Dismiss for Failure to State a Claim and Motion to Strike filed by BRP US INC. (Trischler, Clem). Modified text on 6/22/2023. (dmh) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #13 Amended Complaint by BRP US INC. (Attachments: #1 Proposed Order) (Trischler, Clem). Added MOTION to Strike on 6/13/2023 (dmh) |
| Filing 15 Stipulation for Extension of Time to Answer by BRP US INC. Answer due from BRP US INC. on 6/12/2023. (Trischler, Clem) |
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Filing 14
ORDER indicating that, in light of #13 Amended Complaint, #10 Bombardier Recreational Products, Inc's Motion to Dismiss and Alternative Motion to Strike Class Allegations is denied as moot. Signed by Judge W. Scott Hardy on 5/1/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas)
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| Filing 13 AMENDED COMPLAINT against BRP US INC. BRP US INC. answer due 5/15/2023, filed by MICHAEL MAIOLO. (Sheehan, Spencer) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Trischler, Clem) Document removed from public view as filed to incorrect case; Modified text on 4/11/2023. (ctb) |
| Filing 11 BRIEF in Support re #10 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by BRP US INC. (Attachments: #1 Exhibit A- 2022 Ryker Operator's Guide) (Trischler, Clem) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , re #1 Complaint, by BRP US INC. (Attachments: #1 Proposed Order) (Trischler, Clem). Modified text on 4/21/2023 to correct document linkage. (dmh) |
| Filing 9 WAIVER OF SERVICE Returned Executed by MICHAEL MAIOLO. BRP US INC. waiver sent on 2/8/2023, answer due 4/10/2023. (Sheehan, Spencer) |
| Filing 8 Disclosure Statement identifying BRP Inc. as corporate parent or other affiliate, by BRP US INC. (Trischler, Clem) |
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Filing 7
ORDER on Motions Pursuant to Federal Rule of Civil Procedure 12(b). See attached Order for details. Signed by Judge W. Scott Hardy on 01/03/2023. (dms)
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| Filing 6 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. The Parties are directed to fully complete the required 26(f) report, which includes the Stipulation of Selecting an ADR process and Neutral. Counsel for Plaintiff(s) (or in the case of a removal action, counsel for removing Defendant(s)) shall make service of the notice on all parties. (dms) |
| Filing 5 Disclosure Statement identifying None as corporate parent or other affiliate, by MICHAEL MAIOLO. (Sheehan, Spencer) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #4 Notice of Appearance, #1 Complaint. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 1/3/2023. (jd) |
| Filing 4 NOTICE of Appearance by Clem C. Trischler on behalf of BRP US INC. (Trischler, Clem) |
| Judge W. Scott Hardy presiding. (ctb) |
|
Filing 3
TEXT ORDER OF RECUSAL. Pursuant to 28 U.S.C. 455(a), this Court hereby recuses itself as to all matters of the above-captioned case and requests that this case be assigned to another member of the Court. Judge Arthur J. Schwab recused. Signed by Judge Arthur J. Schwab on 12/9/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar)
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| Filing 2 Summons Issued as to BRP US INC. (dmh) |
| Filing 1 COMPLAINT against BRP US INC. (Filing fee, including Administrative fee, $402, receipt number 2:22-cv-1770), filed by MICHAEL MAIOLO. (Attachments: #1 Civil Cover Sheet) (dmh) |
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| Plaintiff: MICHAEL MAIOLO | |
| Represented By: | Spencer Sheehan |
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| Defendant: BRP US INC. | |
| Represented By: | Clem C. Trischler |
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